15.2-4101 - Ordinance petitioning court for town status; notice of motion.
§ 15.2-4101. Ordinance petitioning court for town status; notice of motion.
A. Any city in this Commonwealth with a population at the time of the latestUnited States decennial census of less than 50,000 people, after fulfillingthe requirements of Chapter 29 (§ 15.2-2900 et seq.), may by ordinance passedby a recorded majority vote of all the members thereof, petition the circuitcourt for the city, alleging that the city meets the criteria set out in §15.2-4106 for an order granting town status to the city. The circuit courtwith which the petition is filed shall notify the Supreme Court, which shallappoint a special court to hear the case as prescribed by Chapter 30 (§15.2-3000 et seq.) of this title.
B. Before instituting a proceeding under this chapter for a grant of townstatus, a city shall serve notice on the county attorney, or if there isnone, on the attorney for the Commonwealth, and on the chairman of the boardof supervisors of the adjoining county that it will, on a given day, petitionthe circuit court for a grant of town status. The notice served on eachofficial shall include a certified copy of the ordinance. A copy of thenotice and ordinance, or a descriptive summary of the notice and ordinanceand a reference to the place within the city or adjoining county where copiesof the notice and ordinance may be examined, shall be published at least oncea week for four successive weeks in some newspaper having general circulationin the city and adjoining county. The notice and ordinance shall be returnedafter service to the clerk of the circuit court. Certification by the owner,editor or manager of the newspaper publishing the notice and ordinance shallbe proof of publication.
(1988, c. 881, §§ 15.1-965.10, 15.1-965.11; 1997, c. 587.)